A former McHenry man was acquitted Tuesday of one of three charges rooted in claims that he beat his dog with a garbage can lid in 2017.
Representing himself in court Tuesday, 49-year-old Michael Braun successfully argued that prosecutors failed to show that he neglected his duties as a pet owner. Additional misdemeanor charges of animal cruelty and disorderly conduct remain. Final decisions about Braun’s guilt or lack thereof will be up to a jury, the last member of which was selected Tuesday morning.
McHenry County Assistant State’s Attorney Ashur Youash told jurors during opening statements that Braun didn’t take his dog for veterinary treatment after the alleged April 14, 2017, beating. Braun’s German shepherd dog and English mastiff were fighting over food in the front yard when he tried to stop the dogs by pouring water on them, Braun said in his opening statement Tuesday. After the fight, Braun and his wife, Jennifer Samuels, had their dogs treated for surface wounds and a leg bite. Both dogs were OK, he said.
“The charges are as fake as the witnesses that [prosecutors] claim to have,” Braun said during opening statements.
McHenry resident Gail Powers, however, testified that she witnessed a boy kicking a white dog that had “blood all down the front of it’s chest” as Braun struck the animal with a garbage can lid.
“I just couldn’t believe what I saw – that he was just beating this dog defenselessly,” she said.
Prosecutors previously objected to the Northwest Herald’s request to photograph Braun’s trial, on the basis that it would affect Powers’ ability to clearly and accurately testify. As a result, the judge ruled the Northwest Herald won’t be permitted to photograph any witnesses.
Powers, who didn’t have her cellphone on her at the time of the incident, called 911 after the five-minute drive back to her house, she said.
Although Powers estimated the alleged beating occurred between 1 p.m. and 1:30 p.m., McHenry police officer Ryan Pardue testified that he was sent to Braun’s house about 3:15 p.m. that day. Braun also questioned why the woman didn’t try to intervene.
“You looked pretty violent beating the dog, Powers said. “I didn’t want to walk up on that.”
Throughout Braun’s line of questioning, he accused Powers of hating him personally, and filing a false police report. McHenry County Judge Mark Gerhardt did not allow Braun to inquire about Powers’ feelings toward President Donald Trump or her involvement in a “secret,” “liberal” Facebook group that Braun has said conspired against him based on his political beliefs.
After prosecutors rested their case Tuesday, Braun called a witness who said she jumped a fence to help Braun separate his dogs that day.
Melissa Parisi was driving by Braun’s Lilian Street home when she saw the commotion from the road, she testified. Originally, she thought Braun was beating the dog with a bucket, but later learned he was trying to break up a fight, she said.
“Instantly I was triggered ...” Parisi said. “I was going to confront Mr. Braun.”
She exited her car, jumped over Braun’s chainlink fence, and helped Braun separate the animals, she testified.
“It all happened so fast, but I remember [Braun’s children] hugging me and thanking me for saving their dog,” Parisi said.
While breaking up the fight, the dogs were wet and she said she assumed Braun had tried to stop the tussle by pouring water on them.
Braun’s wife also testified that Parisi came to Braun’s aid, and said it’s not in her husband’s character to harm an animal. The statement led prosecutors to ask Samuels about Braun’s 2011 conviction.
“What about the time on June 8, 2011, when Mr. Braun threw a puppy out of a [van] window on Route 31?” McHenry County Assistant State’s Attorney Tyler Mikan asked.
Samuels claimed the allegations were false, and said the dog jumped out the back window of the moving van. Braun has said he only pleaded guilty to the charge because prosecutors were trying to revoke his sentence on an unrelated case.
The trial is expected to resume Wednesday morning.